20130802 TZCA Iringa

20130802 TZCA Iringa

The application was dismissed because the applicant failed to establish any of the five grounds for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009, and the review process cannot be used to re-argue the merits of the original appeal.

Citation
20130802 TZCA Iringa
Parties
Applicant: Patrick Sanga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 August 2013
Procedural Posture
Criminal Review Application / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Review of Appellate Judgment, Grounds for Review, Finality of Judgments, Rape Conviction
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Grounds for Review Finality of Judgments Rape Conviction

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Parties

Patrick Sanga

Applicant

The Republic

Respondent

Procedural Posture

Criminal Review Application / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether the applicant established any of the grounds for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the review application was an attempt to re-argue the merits of the original appeal

Ratio Decidendi

The application was dismissed because the applicant failed to establish any of the five grounds for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009, and the review process cannot be used to re-argue the merits of the original appeal.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed.